A minor in Rhode Island may not buy, attempt to buy, or knowingly use false identification (or other misrepresentations about that minor’s or someone else’s age) to obtain alcohol. (Rhode Island Gen. Laws Ann. Section 3-8-6 & 3-8-4(3).) Minors also may not enter establishments that serve alcohol, or consume alcohol in such establishments. (Rhode Island Gen. Laws Ann. Section 3-8-4(1).) It is also illegal for minors to knowingly and intentionally transport alcohol (opened or unopened) in any part of a vehicle. (Rhode Island Gen. Laws Ann. Sections 3-8-9(a).) Furthermore, minors younger than 18 may not work serving or handling alcohol in an establishment that is licensed to sell alcohol (for example, bars or night clubs). (Rhode Island Gen. Laws Ann. Section 3-8-4.) There are few exceptions to these rules (see below).
Exceptions to the Rule
Rhode Island recognizes three exceptions to the general rules prohibiting minors from possessing, consuming, or transporting alcohol.
- Parent or guardian permission. A minor may consume alcohol that is provided by, or permitted by, the minor’s parent or legal guardian. Such adults will not be charged in violation of the rule against furnishing alcohol to a minor, as long as the minor is the adult’s child or legal ward. (Rhode Island Gen. Laws Ann. Section 3-8-11.1(d).)
- Religious purposes. Minors may possess and consume alcohol for religious purposes. (Rhode Island Gen. Laws Ann. Section 3-8-11.1(d).)
- Transporting alcohol with a parent or for work. Minors may knowingly transport alcohol in a vehicle when a parent, legal guardian, or adult family member (by birth, adoption, or marriage) is in the vehicle. Furthermore, minors between 16 and 21 may also transport unopened alcohol containers in the course of their employment. (Rhode Island Gen. Laws Ann. Section 3-8-9(a).)
Penalties
The consequences of violating Pennsylvania’s minor in possession laws depend on the violation.
Illegal alcohol transportation. A minor who illegally transports alcohol may be charged with a criminal violation. The penalties include:
- First offenses. First offenses carry a fine of up to $250 and license suspension for up to 30 days, as decided by the sentencing judge.
- Second offenses. The judge will impose a fine of up to $500, and license suspension for up to 90 days.
- Third and subsequent offenses. Third and subsequent offenders will be fined between $500 and $950, and the offender’s license will be suspended for up to one year. (Rhode Island Gen. Laws Ann. Section 3-8-9(b).)
Illegal alcohol provision. Minors between 18 and 20 who provide alcohol to their underage peers will be fined up to $500. The judge may also order the minor to attend an alcohol education program, and to serve up to 30 hours of community service. (Rhode Island Gen. Laws Ann. Section 3-8-11.1(c).) This penalty is in contrast to the penalties imposed on adults who furnish alcohol to minors (see below).
Misrepresenting age. Minors who are convicted of misrepresenting their age to illegally buy or consume alcohol, or to enter into a licensed establishment, will be punished as follows:
- First offenses. First offenses carry a mandatory fine of $100 to $500, 30 hours of community service, and license suspension for 30 days.
- Second offenses. Second offenses carry a mandatory fine of $500 to $750, 40 hours of community service, and license suspension for three months.
- Third and subsequent offenses. Third and subsequent offenses carry a mandatory fine (for each offense) of $750 to $1,000, 50 hours of community service, and license suspension for one year. (Rhode Island Gen. Laws Ann. Section 3-8-6(d)(1).)
Furnishing Alcohol to a Minor
It is illegal in Rhode Island for adults to sell, furnish, or give alcohol to a minor; or for a licensee—someone licensed to sell alcohol in Rhode Island—to permit alcohol to be furnished to a minor in the licensee’s alcohol-selling establishment. It is also illegal for property owners to knowingly permit minors to consume alcohol within the property owner’s residence or surrounding property. (Rhode Island Gen. Laws Ann. Section 3-8-11.1(b).) Convictions carry the following penalties:
- First offenses. First convictions are misdemeanors; they carry a fine between $350 and $1,000, up to six months in jail, or both; as decided by the sentencing judge.
- Second offenses. Second convictions are misdemeanors. The judge will impose a mandatory fine of between $750 and $1,000, and may also order the offender to serve up to six months in jail.
- Third and subsequent offenses. Third and subsequent offenders are guilty of a felony. The judge will impose a mandatory fine of up to $2,500, and may also order the offender to serve up to one year in jail. (Rhode Island Gen. Laws Ann. Section 3-8-11.2.)
Defenses to conviction. Licensed establishments may require people buying alcohol to sign a sign-in book (which may include a photograph being taken of the person signing in), as verification that the person signing is older than 21. Licensees who rely on this method of verifying age, without having other reasons to believe that the person signing in is a minor, will not be convicted of illegally providing alcohol to a minor. A licensee will also be protected if the licensee can prove that the licensee reasonably relied on a minor’s misrepresentation of the minor’s age through other means (such as a false driver’s license). (Rhode Island Gen. Laws Ann. Section 3-8-6.(c)(1).)
Getting Legal Help
Because local procedures and attitude towards the Rhode Island minor in possession laws vary by community, it is a good idea to consult with a lawyer who is familiar with how these cases are handled in your area. This will give you a better chance of achieving the most favorable outcome under the unique circumstances of your case.
